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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 83

Savings for other rights in relation to ejectment proceedings.

83.(1) Subject to this section, in debt or ejectment proceedings, the court
shall hear the parties, and evidence in support of the claim or defence or
counterclaim, if any.

(2) Where the plaintiff appears but the defendant does not appear, the court
may, after proof of service of the process upon the defendant, proceed in his
absence or adjourn the proceedings.

(3) Where neither the plaintiff nor defendant appears, or where the plaintiff
does not appear and the defendant though appearing does not apply for a
dismissal of the claim, the court may strike out the proceedings.

(4) Where the plaintiff informs the court that he does not wish to apply for
an order and the defendant does not appear, or if appearing, does not object,
the court may allow the proceedings to be withdrawn.

(5) The court may, without hearing the parties or any evidence, upon such
conditions as may be prescribed, make an order against a defendant upon his
consent to the making of such order.

(6) The court may dismiss a claim in debt or ejectment proceedings either upon
the merits or without prejudice to a further claim in respect of the same
matter.

References to landlord or owner.

© 1964 Crown Copyright

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